|
|
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
Report Link Guidelines For Investigation of "Salting" Claims Issued.Ogletree Deakins - April 01, 2008 On February 15, 2008, the Office of the General Counsel for the National Labor Relations Board (NLRB) issued two guideline memoranda to Regional Directors, Officers-in-Charge, and Resident Officers, outlining the NLRB's rationale in two recent decisions, and providing guidance for analyzing, investigating, and pleading union "salting" claims in light of those decisions. Report Link NLRB Requires Applicants Show a Genuine Interest in Employment to be Protected by NLRA.Ford & Harrison LLP - October 09, 2007 The National Labor Relations Board (NLRB) recently issued four decisions that are good news for both unionized and union-free employers. This Alert addresses the holding in Toering Electric Co., Cases 7-CA-37768, 7-CA-39093, and 7-CA-39205 (Sep. 29, 2007), a 3-2 decision critical of the union practice of submitting batch applications by union “salts” uninterested in actually working for the targeted employer. Recognizing that these applications are frequently submitted for the sole purpose of generating meritless unfair labor practice charges, the Board held that such individuals are not protected by the NLRA’s prohibition on discrimination. “In our view submitting applications with no intention of seeking work but rather to generate meritless unfair labor practice charges is not protected activity.” Report Link Construction Company's Discharge Of Union "Salt" Held Unlawful.Ogletree Deakins - June 28, 2007 The federal appellate court with jurisdiction over South Carolina employers recently ruled against a nonunion employer who fired an employee for dishonesty after he started distributing union materials. According to the Fourth Circuit Court of Appeals, there was sufficient evidence that the employer, which did not thoroughly investigate the dishonesty allegation, was motivated by anti-union animus. Report Link NLRB Adopts New Evidentiary Standard for Establishing "Salt" Backpay Period.Jackson Lewis LLP - June 14, 2007 The National Labor Relations Board has relieved employers of the burden of proving a union "salt" discriminatorily denied employment would not have worked the entire back pay period claimed by the NLRB General Counsel. In a 3-2 ruling, a Board majority, consisting of Chairman Robert J. Battista and Members Peter N. Kirsanow and Peter C. Schaumber, held that the General Counsel now will be required, "as part of his existing burden of proving a reasonable gross back pay amount due, to present affirmative evidence that the salt/discriminatee, if hired, would have worked for the employer for the back pay period claimed in the General Counsel's compliance specification." Report Link Fourth Circuit Enforces NLRB Order Supporting Union Salt.Ford & Harrison LLP - February 20, 2007 The Fourth Circuit Court of Appeals recently enforced an order of the National Labor Relations Board (NLRB or the Board), finding that an employer violated the National Labor Relations Act (NLRA) by terminating a union salt for alleged dishonesty. See Integrated Elec. Servs. d/b/a Primo Elec., 4th Cir., No. 05-2289, unpublished opinion 2/13/07. The decision by the typically conservative court illustrates the risk in being overzealous in enforcing workplace rules in order to eliminate open union supporters and thereby thwart organizing activity.
|
ArticlesFound: 5 ArticlesNO SUBTOPICSEmployment Law Seminars
43rd Annual Midwest Labor and Employment Law Seminar on October 12-13, 2008
Easton
October 12, 2008 Baker HostetlerReserve the Dates!!! – Public Sexual Harassment Training Webinar for Supervisors and ManagersOnline
October 14, 2008 Ballard RosenbergThe 2008 Nevada Employer: RenoReno
October 14, 2008 LittlerSouth Carolina's Immigration Law, I-9 & E-Verify Breakfast BriefingSpartanburg
October 14, 2008 Ford & HarrisonEmployment Law WorkshopLa Jolla
October 14, 2008 Fisher & PhillipsHiring minors: Legal issues to considerPhiladelphia
October 14, 2008 Buchanan IngersollEmployment Law Developments in IndianaCarmel
October 15, 2008 OgletreeEmployment Law Developments in TennesseeNashville
October 15, 2008 OgletreeWorkplace Harassment SeminarIndianapolis
October 16, 2008 Indiana Chamber of CommerceFlorida Employment Law UpdateTampa
October 16, 2008 Ogletree |
|
| ||
|
Terms of Use
|
Privacy
|
Advertising
|
About
|
Contact
|
For Law Firms
|
Partners
Copyright © 2008 elinfonet.com, llc.
All Rights Reserved.
The use of this site, and the terms and conditions for our providing information, is governed by our Terms of Use, including the disclaimers contained therein. By using this site, you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms thereof.
This site is designed for lawyers concentrating in employment law and human resource professionals who specialize in employee relations. As more fully set forth in the terms of use, the information provided on or through this site is for general information purposes; it is not a determination of your legal rights, nor your responsibilities under the law. None of the information contained on this site is, or should be construed as, legal advice. The information should not be relied upon for legal advice. We are not engaged in the practice of law and no attorney-client relationship is being created. Any information communicated to any lawyer via this site does not have the confidentiality protection of the attorney/client privilege. If you are seeking legal advice, find a qualified lawyer in your area. If you need help finding a lawyer, call your local, county or state bar association. All logos and trademarks on this site are property of their respective owners. | ||
Federal Article Feeds